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Government > Unit 6 - Judicial Branch > Flashcards

Unit 6 - Judicial Branch Flashcards

1
Q

established the court system

A

Article III

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2
Q

established the rights at a trial

A

6 Amendment

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3
Q

established the rights to a jury trial

A

7 Amendment

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4
Q

established jurisdiction

A

11 Amendment

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5
Q

Article III

A

the court system is established

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6
Q

6th Amendment

A

rights at a trial

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7
Q

7th Amendment

A

right to a jury trial

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8
Q

11th Amendment

A

jurisdctino (2 people in different states are suing each other: it goes to federal court

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9
Q

federal setup

A

1) Supreme Court
2) Court of Appeals (13 circuit courts)
3) District Courts (94 district courts)

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10
Q

types of jurisdiction

A

original and appellate

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11
Q

original jurisdiction

A

initial hearing of a court case

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12
Q

appellate jurisdiction

A

review of a lower court hearing

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13
Q

justices

A
  • no job requirements for federal judges

- most are appointed for life

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14
Q

number of SC justices

A

9

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15
Q

number of appeals justices

A

approximately 150

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16
Q

number of district judges

A

approximately 650

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17
Q

appointment process of justicies

A

1) President nomination

2) Senate confirmation (majority required)

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18
Q

removal process of a justices

A
  • impeachment
  • resignation
  • death
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19
Q

Attorney General

A

secretary of the Department of Justice (nation’s top lawyer)

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20
Q

Solicitor General

A

represents the government before the Supreme Court

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21
Q

US Attorney

A

prosecutes people charged with federal crimes

22
Q

US Marshals

A

make arrests in federal cases

23
Q

arrest

A
  • without a warrant,police must have sufficient facts to convince a reasonable person that a crime has been commietted to make an arrest
  • with a warrant: a)based on probable cause b)warrant attained from a judge
  • Miranda Rights must be applied
24
Q

Preliminary hearings

A

informal hearing before a judge to determine if sufficient evidence exists to have a suspect bound over for trial (should there be a trial and if yes, what is bail?)

25
Q

8th Amendment

A

bail cannot be excessive

26
Q

situations bail can be denied

A
  • first degree murder (risk to self/community)

- “poor risk” of returning for trial

27
Q

Grand Jury

A
  • 5th Amendment right

- generally composed of 23 members

28
Q

functions of a Grand Jury

A
  • determines whether a crime was committed
  • determines whether, based on evidence, the suspect could have committed the crime
  • 12 members (majority) must agree to return an indictment (formal accusation)
29
Q

arraignment

A

bringing the accused before the judge to be formally charged

30
Q

plea

A

accused may plead guilty, not guilty, or no contest (“I didn’t do it, but the evidence is overwhelmingly against me so take pity on me judge”)

31
Q

6th Amendment

A

guarantees a public and speedy trial, right to confront accusers, right to call witnesses on your behalf, and right to know the charges youve been accused of

32
Q

what constitutes a jury?

A

12 peoples

33
Q

verdict

A
  • requires a unanimous voice
  • not guilty: defendent goes free
  • guilty: beyond a reasonable doubt standard
  • mistrial jury gives no verdict; prosecutor can decide to drop the case or try again
34
Q

sentencing

A

done by the judge expt in cases of murder and rape where the jury determines the sentence

35
Q

appeal

A

a person is not satisfied with the justice the court has dispensed may attempt to correct the situation

36
Q

Appeals court

A

Consists of 3 judges

37
Q

Actions of appeals court

A

1) affirm (uphold courts original decisions
2) reverse (nullify trial court results, go home)
3) remanded (sent back to trial court to be redone)

38
Q

Civil trial

A

Legal action between and individual/company (suing)

39
Q

Plaintiff

A

Person/company initiating an action in the legal process

40
Q

Defendant

A

Person/company being sued

41
Q

Trial process

A
  1. Complaint files
  2. Complaint answered
  3. Discovery
  4. Pretrial motions
  5. Trial
  6. Judgement
42
Q

Complaint files

A

Plaintiff files complaint detailing the injury suffered, negligence of defendant, and courts remedy ($)

43
Q

Complaint answered

A

Defendant has opportunity to legally respond to accusations

44
Q

Discovery

A

Attempt to establish all facts of events before the event; deposition taken

45
Q

Deposition

A

Statements of all witnesses and parties involved in trial

46
Q

Prerial motions

A
  • Establishment of who will hear trial; jury or judge (always jury)
  • summary judgement
47
Q

Summary judgement

A

Both sides attempt to have the judge dismiss/rule on facts of the case established

48
Q

Judgement

A
  • burden of proof

- compensatory v. Punitive damage

49
Q

Compensatory damage

A

Damages for realized expenses (doctors bill etc)

50
Q

Punitive damage

A

Damages to punish defendant for wrongdoing

Government (6 decks)

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